A.Â
Buildings affected.
(1)Â
Every building and the premises on which it is situated, in the Township,
used or intended to be used or designed to be used, in whole or in
part, for residential or nonresidential purposes shall comply with
the provisions of this chapter, whether or not any such building shall
have been constructed, altered or repaired before or after the enactment
of this chapter and irrespective of any permits or licenses which
shall have been issued for the use or occupancy of any such building
or premises for the construction, alteration or repair of any such
building or for the installation or repair of equipment or facilities
therein or thereon prior to the effective date of this chapter. This
chapter establishes standards for the occupancy and use of all such
buildings and premises and does not replace, modify or lessen standards
otherwise established for the construction, repair, alteration or
use of such buildings and premises, equipment or facilities contained
therein or thereon, except as provided in this section. Where there
is mixed occupancy of such buildings and premises, the residential
and nonresidential uses thereof shall be regulated by and be subject
to the applicable provisions of both this chapter and the combined
Land Use Code and other applicable ordinances of the Township of Harrison.
(2)Â
Vacant lots, lands and premises are also required to comply with
the provisions of this chapter.
B.Â
Higher standards to prevail. All premises in the Township shall be
subject to the provisions of this chapter. Nothing in this chapter
shall limit or impair any of the existing remedies of the Township
or its officials. In any case where the provisions of this chapter
shall impose a higher standard than set forth in any other Township
ordinance or law of the State of New Jersey, then the standards set
forth herein shall prevail; but if the provisions of this chapter
impose a lower standard than any other Township ordinance or law of
the State of New Jersey, then the higher standard shall prevail.
C.Â
Issuance and renewal of other permits and licenses. After the date
of enactment hereof, all licenses, permits and certificates of occupancy
relating to such buildings and premises which may be issued or renewed
only upon compliance with this chapter as well as compliance with
the ordinance under which such licenses and permits may be granted
or renewed.
D.Â
Compliance with other ordinances required. Compliance with this chapter
shall not constitute a defense against the violation of any provision
of any other ordinance of the Township applicable to any building
or premises.
E.Â
Compliance by owners and operators. Owners and operators shall have
all the duties, obligations and responsibilities prescribed in this
chapter, and no such person or entity shall be relieved of any such
duty, obligation or responsibility hereunder nor be entitled to assert
as a defense against any charge made against him or them for violation
of this chapter the fact that another owner, or operator or any other
person or entity is also responsible therefor and in violation thereof.
F.Â
Compliance with Uniform Construction Code. Any alterations to buildings,
structures or appurtenances thereto, or changes or use therein, which
may be caused directly or indirectly by the enforcement of this chapter,
shall be done in accordance with all applicable sections of the Uniform
Construction Code.[1]
G.Â
Effect on zoning provisions. Nothing contained in this chapter or
any requirement of compliance herewith shall be deemed to alter, impair
or affect the combined Land Use Code, or zoning laws of the Township.
A.Â
Responsibilities of owner and operator. Owners and operators shall
have all the duties and responsibilities as prescribed in this chapter
and the regulations promulgated pursuant thereto, unless specifically
set forth to the contrary, and no owner/operator shall be relieved
from any such duty and responsibility.
B.Â
Contract not to alter responsibilities. Unless expressly provided
to the contrary in this chapter, the respective obligations and responsibilities
of the owner and operator shall not be altered or affected by any
agreement or contract by and between any other parties.
C.Â
Homeowner associations. All homeowner associations shall be required
to adopt by reference this chapter and utilize and follow the minimum
standards contained in this chapter.
All of the provisions in this chapter shall be applicable to
both residential and nonresidential buildings and premises, except
where specifically provided to the contrary. The exterior of any premises
shall be kept free of refuse, nuisances and any hazards to the safety
of occupants, pedestrians and other persons utilizing the premises
and free of unsanitary conditions. It shall be the duty of the owner
or operator to keep the premises free of or remove, abate and correct
the premises against such conditions, which include but are not limited
to the following:
A.Â
Prohibited uses and activities:
(1)Â
Animal excrement piles or vegetable waste, paper, rags, cartons,
boxes, fallen tree branches, yard trimmings, objects in a state of
general disrepair that are not being used for their original intended
purpose, garbage, waste materials, scrap building materials, used
tires, scrap metal, glass or wood, appliances in disuse, plumbing
fixtures, furniture in disrepair. Prohibitions as to vegetable or
animal waste shall not apply to premises that are actively annually
farmed, including orchards, and that are subject to farmland assessment.
[Amended 2-21-2012 by Ord. No. 3-2012]
(2)Â
Structurally unsafe or unsound buildings or structurally unsound
parts thereof, structurally unsound walls or foundations, and fences.
(3)Â
Wells, shafts or other excavations except those that have been secured
or closed in such a way that they are not capable of entry by minor
children.
(4)Â
Ground surface hazards, such as holes, excavations, sharp or jagged
projections or obstructions, glass or metal shards, projections of
pipes, metal rods or similar objects that are not well marked and
plainly visible.
(5)Â
Stagnant or recurring accumulations of surface water that are present for more than five days and present a risk of insect infestation, excluding Chapter 188, stormwater management, regulations, facilities and additional requirements for stormwater management facilities and areas outside sewer zones.
(6)Â
Dead or diseased trees or shrubbery; dead or diseased limbs still
attached or suspended within trees with a diameter of more than one
inch that because of their location might fall on private or public
property including rights-of-way. The owner or operator shall be responsible
for the removal of vegetation.
(7)Â
The outdoor placement of vehicles, machinery, equipment or parts
thereof, including, but not limited to, boats and trailers, regardless
of whether they are licensed or registered, which have been dismantled
or have been in a state of visible disrepair for more than 30 days;
vehicles that are mechanically inoperable or unfit for immediate use
on public roadways and that have been in that condition for more than
30 days; unregistered motor vehicles that are operable but have remained
unregistered for more than 90 days. Parking areas shall generally
be free of grease, oil and debris. Vehicles shall be stored in designated
parking stalls, in garages or carports or on driveways.
(8)Â
Chimneys, flues and vent attachments thereto, if used, shall be maintained
structurally sound, free from defects and so maintained as to capably
perform at all times the functions for which they were designed and
constructed and they shall comply with the UCC. Chimneys, flues, vents
and other draft-producing equipment shall provide sufficient draft
to develop the rated output of the connected equipment, shall be structurally
safe, durable, smoke-tight and capable of withstanding the temperature
and action of flue gases.
(9)Â
Railings associated with exterior porches, landings, balconies, stairs
and fire escapes shall be properly designed and kept structurally
sound, in good repair, well painted or otherwise provided with a protective
treatment to prevent deterioration and free from defects.
(10)Â
Refuse, rubbish or buried rubble, excluding legal landfills.
(11)Â
Trees and limbs or other natural growth which constitutes a
hazard or may be dangerous to persons in the vicinity thereof.
(12)Â
Loose, overhanging and projecting objects, whether naturally
occurring or man-made, which by reason of location above ground level
constitute dangers to persons in the vicinity thereof.
(13)Â
Breaks, projections, icy conditions, uncleared snow, obstructions
and excretion of pets on paths, sidewalks, walks, driveways, streets,
alleyways, parking lots and other parts of the exterior of the premises
which are accessible to and used by persons having access to such
premises.
B.Â
Required obligations:
(1)Â
Adequate runoff drains shall be provided and maintained in accordance
with applicable Township ordinances to eliminate recurrent accumulations
of stormwater.
(2)Â
All premises shall be kept free of rodents, vermin, pest infestation
or rodent harborages. An owner of a structure or property shall be
responsible for the extermination of insects, rats, vermin or other
pests in all exterior and interior areas of the premises.
(3)Â
Foundation walls and retaining walls shall be kept structurally sound,
free from defects and damage and capable of sustaining imposed loads
safely.
(4)Â
Any awning or marquee and its accompanying structural members which
extend over any street, sidewalk or other portion of the premises
shall be maintained in good repair and shall be so maintained as to
not constitute a nuisance or a safety hazard. In the event that any
such awning or marquee is not properly maintained in accordance with
the foregoing it shall together with its supporting member be removed
forthwith. Where such awning or marquee is exposed to public view,
it shall be maintained in good condition and shall not show evidence
of excessive weathering, ripping, tearing or other deterioration.
(5)Â
All sidewalks, steps, driveways, walkway entrances, stairways, parking
spaces and similar paved areas shall be maintained in a safe condition
and kept in a proper state of repair such as will not constitute a
hazard to persons using the premises.
(6)Â
All waterways, brooks, drainage ditches, intermittent waterways and
swales shall be maintained free of obstructions which would impede
the natural flow of water to be consistent with state rules and regulations
and as such the dumping or discarding of lawn clippings, vegetation
or yard waste into any running stream or brook shall be prohibited.
(7)Â
Anything which materially increases the risk of fire occurring or
fire accelerating on the premises; any substance or arrangement of
materials on the premises that materially increases the risk of fire
spreading to an adjoining premises; chemicals or other substances
hazardous to human health, not safely stored in a sealed container
that is inaccessible to children; lead-based paint flakes on the ground
where children are likely to be exposed to their presence.
(8)Â
Items of furniture, goods or appliances customarily intended for
indoor use except insofar as the specific item is receiving regular
use and is kept in good repair. No refrigerator, freezer or similar
thing that presents a risk of suffocation to children shall be kept
outdoors at any time unless the same is kept under lock or is otherwise
altered to eliminate the risk of entry by children.
(9)Â
Grass or weeds of a height of more than six inches. Excluded from
this requirement are power line rights-of-way and orchard or farm
lands that are actively being farmed, fields or parts of a premises
that have not heretofore been sown with commercially grown grass seeds
or that heretofore have not been subjected to a regular program of
cutting.
(10)Â
Brush, hedges, other plant life that unreasonably obstructs
the view of a person entering or exiting by motor vehicle from any
driveway; obstructs to any degree the visibility of any children entering
an existing marked crosswalk. Brush, hedges, other plant life within
25 feet of the edge or curbline of two intersecting streets unless
such plant life shall be kept to a height of not more than 30 inches
above the pavement. Exceptions shall exist for signage, street furniture
and leaf collection.
(11)Â
Any pool or other large vessel containing water that has not
been chemically treated and has become a potential source of insect
breeding or a source of malodorous smells; any pool that has fallen
into disrepair and that was not used for its intended purpose in the
preceding 12 months.
(12)Â
Any physical condition which is potentially dangerous, detrimental
or hazardous to the health or safety of persons on, near or passing
in proximity to the premises where the condition exists, including
any condition that would constitute a nuisance according to the statues,
laws and regulations of the State of New Jersey. Any condition that
would serve as a source of offensive odors readily detectable on adjoining
properties, which source of odors is recurrent or which has been allowed
to exist for more than 24 hours. Excluded are odors that are incidental
to the ordinary farming and livestock raising practices employed in
this community.
(13)Â
It shall be unlawful for any person or persons, corporation or otherwise, to throw wastepaper, grass clippings, sweepings, ashes, household waste, rubbish, paper, trash, garbage or any other waste material of any kind onto another person's property or into any street, avenue or highway, cartway and right-of-way in the Township of Harrison or to interfere with, scatter or disturb the contents of any receptacle or receptacles containing waste material of any nature or description, which shall be placed upon any pavement, street or sidewalk in the Township of Harrison for collection by any duly authorized agency of the Township or otherwise. A trash container may be placed in the street along the curb or edge of pavement and within the grassy strip between the path, sidewalk or walk and the curb or edge of pavement as long as traffic, drainage, parking and pedestrian circulation is not impeded, and pursuant to the collection procedures and regulations set forth in Chapter 185 of the Code of the Township of Harrison.
[Amended 3-19-2012 by Ord. No. 23-2012]
(14)Â
The property shall be maintained free of mold, mildew, algae
and/or moss on all exterior structures and buildings.
[Added 7-17-2017 by Ord.
No. 22-2017]
(15)Â
All property shall be maintained in a secure manner so as not
to be accessible to unauthorized persons. A "secure manner" shall
include, but not be limited to, the closure and locking of windows,
doors, gates and other openings of such size that may allow a child
to access the interior of the property or structure. Broken windows,
doors, gates and other openings of such size that may allow a child
to access the interior of the property or structure must be repaired.
Broken windows shall be secured by reglazing of the window. Except
in the event of a temporary emergency condition (for example, fire
or storm conditions), doors, windows and/or garage doors shall not
be boarded and/or covered. If required, all doors, windows and/or
garage doors shall be repaired and/or replaced such that they can
be properly locked in a secure manner.
[Added 7-17-2017 by Ord.
No. 22-2017]
C.Â
A residential property owner or a place of worship or nonprofit shall
not be liable for the condition of a path, sidewalk or walk unless
the owner did something to cause the defect. Uneven pavement from
tree roots, normal wear or cracking shall be the responsibility of
the homeowner to fix. A nonresidential property owner shall be liable
for the condition of both the path, sidewalk or walk and grassy strip
between the path, sidewalk or walk and the curb or edge of pavement.
D.Â
The exterior of every building or accessory building, including fences,
shall be maintained in good order and repair. It shall be maintained
free of conditions reflective of extensive deterioration and subnormal
maintenance, characterized by such conditions as broken panes of glass,
excessively peeling paint, openings unprotected by doors or windows,
loose or missing siding or roof coverings affecting 5% or more of
the outside surface, numerous instances of rotting wood or crumbling
stones or bricks, defective or inoperable leaders or gutters which
permit water damage to the property, to the end that the property
itself may be preserved, safety and fire hazards eliminated and the
general welfare of the neighborhood protected.
E.Â
A formally constructed mulch or composting structure is permitted
for the conversion of vegetative matter into compost. The compost
structure shall be situated or located within 20 feet of the rear
yard property line and shall not be placed within 20 feet of the side
yard property lines.
[Added 2-21-2012 by Ord. No. 3-2012]
A.Â
Residential buildings and premises. The exterior of residential buildings
and premises shall be maintained so as to facilitate the elimination
of health, safety, and fire hazards and so that the appearance of
the premises and all buildings thereon shall reflect a level of maintenance
in keeping with the standards of the neighborhood, including but not
limited to the following:
(1)Â
There shall not be stored or used at an outside location equipment
and material relating to construction, commercial or business uses
unless there is a valid construction or home office permit in effect
for that site.
(2)Â
No person shall park, stop or stand any motor vehicle or permit or
suffer the same to be done in any front yard area of any residential
building except on driveways and parking areas located, constructed
and installed in compliance with applicable Township ordinances.
(3)Â
No person shall place, keep and/or store a trash or recycle container or cart in the front area of the principal dwelling or building. All trash and recycle containers and carts shall be placed, kept and/or stored on the side or rear portion of the principal dwelling or building, except as permitted in § 185-5A(2) of the Code of the Township of Harrison.
[Added 3-19-2012 by Ord. No. 23-2012]
B.Â
Parking and storage of vehicles on properties with residential uses.
(1)Â
The purpose of this section is to establish standards for outdoor
residential uses, storage and activities related to motor vehicles
and nonmotorized vehicles. These standards are intended to protect
property values by reducing visual blight, aid in emergency access
and firesafety, guard against the creation of rodent and pest harborage,
and reduce the impact on the natural environment from the leaking
of motor vehicle fluids.
(2)Â
Limitation on number of vehicles. No more than one (1) of the following
may be parked, stored or kept on property utilized or zoned for residential
purposes:
(a)Â
Recreational home that is equal to or less than 28 feet in length.
(b)Â
Mobile transport vehicle.
(c)Â
Recreational vehicle that is equal to or less than 28 feet in
length.
(d)Â
Commercial vehicle having a rated maximum gross vehicle weight
of 11,000 pounds or more.
(e)Â
School bus.
(f)Â
Type II van with a seating capacity of 16 or less.
(3)Â
Parking or storage of vehicles, except for loading and unloading
activities, is not permitted unless there is compliance with the following:
(a)Â
The vehicle (except for kayaks and canoes which need not be
sight-screened) is housed within a garage or within a carport which
is sight-screened from abutting properties by solid wall or fence
made of wood, brick, block or other permitted material or sight-obscuring
landscaping.
(b)Â
The vehicle (except for kayaks and canoes which need not be
sight-screened) may be located within a side or rear yard if in compliance
with setback requirements applicable to accessory structures and sight-screened
from abutting properties by a solid wall or fence made of wood, brick,
block or other permitted material or sight-obscuring landscaping.
The vehicle shall be located behind the furthest front face of the
main building, as measured from the front property line or front right-of-way
line. No storage of such vehicle shall be permitted on a corner lot
in the front yard setback space by the Zoning Ordinance[1] for the yards adjacent to the streets.
(c)Â
The storage or parking of vehicles shall be limited to a parcel
of land upon which is located an inhabited dwelling unit and the vehicle
which is stored or parked shall be owned by the occupant of that unit.
(d)Â
All vehicles stored or parked outside shall be maintained clean,
in well-kept condition which does not detract from the appearance
of the surrounding area. Vehicles which are kept on site shall be
operational and currently registered and licensed and ready for use,
if applicable.
(e)Â
All motorized vehicles shall be parked or stored on a hard-surfaced
area or on a surface free from weeds or other vegetative growth. The
approach between the driveway and the parking area does not need to
be paved. When a surface other than blacktop or concrete is used,
all loose material must remain within the parking area, and not be
deposited on adjacent lots, sidewalks or public rights-of-way. Nonmotorized
vehicles and vehicles that do not have fluids are allowed to park
on a grass surface.
(f)Â
The outdoor storage of vehicles shall not be deemed to prevent
the use of vehicles associated with a permitted home office and any
vehicle engaged in delivery, pickup and service to the residential
premises where located.
(4)Â
Sight screening. Vehicles that are being stored outside shall be
reasonably screened at the ground level from all surrounding adjacent
properties and public or private streets. A fence or live plantings
must be provided when the vehicle is visible from adjacent and abutting
properties. Except where screening would limit legal access to a street,
screening must be provided between a vehicle and public streets. If
a fence is used, it must screen the maximum amount of the vehicle
possible while meeting other requirements of the Land Use Code, such
as the six-foot maximum height for a fence. If live plantings are
used, they must reasonably screen the length and height of the vehicle
at the time of planting.
(5)Â
Prohibition of occupancy. No vehicles shall be occupied for human
habitation while parked on the residential property.
(6)Â
Prohibition of driving or parking on sidewalks. No vehicle shall
be parked on, stored or driven over any public sidewalk at any time,
except as such sidewalk has been integrated into an approved driveway.
(7)Â
The parking and storage of vehicles in the context of this section
shall not be permitted in association with nonresidential and mixed-occupancy
buildings, units designed for transient occupancy such as hotels,
motels, tourist homes, or for sleeping and sanitary needs only such
as a club, rooming house, fraternity, or an institutional home.
(8)Â
In addition to the vehicles listed in § 159-8B(2), one limousine may be parked on a residential driveway. It need not be sight-screened.
(9)Â
Any unregistered vehicles shall be removed from the site within 30
days after the owner or operator receives written notification from
the Enforcement Officer.
C.Â
Nonresidential and mixed-occupancy buildings. The exterior of nonresidential
and mixed-occupancy buildings and premises shall be maintained so
that the appearance thereof shall not constitute a blighting effect
upon neighboring properties nor an element leading to a progressive
deterioration and downgrading of neighboring properties including
the following:
(1)Â
Any permanent sign and billboard exposed to public view shall be
maintained in good repair. Any permanent sign or billboard which has
weathered excessively or faded or the paint on which has excessively
peeled or cracked shall, with its supporting members, be removed forthwith
or put into a state of good repair. All nonoperative or broken electrical
signs shall be repaired or shall, with their supporting members, be
removed forthwith. Permanent signs and billboards shall not be located
within a public right-of-way.
(2)Â
Signs or advertisements; removal.
(a)Â
Except for "for rent" signs, any temporary window lettering
or signs advertising special sales events shall be removed within
two days following the advertised event or within 30 days after erection,
whichever is earlier.
(b)Â
Temporary window lettering or signs in conjunction with any
permanent window lettering or sign shall not cover, in the aggregate,
more than 50% of the window area.
(3)Â
All windows exposed to public view shall be kept clean and free of
marks and foreign substances. Except when utilized for display purposes,
no materials, stock or inventory shall be permitted in window display
areas exposed to public view unless such areas are first screened
by drapes, venetian blinds or other means of making the windows opaque.
All screening of interiors shall be maintained in a clean and attractive
manner and in a good state of repair.
(4)Â
All storefronts and the exteriors of all buildings shall be kept
in good repair, painted where required or otherwise provided with
protective treatment sufficient to prevent deterioration and shall
not constitute a safety hazard or nuisance. In the event that repairs
to a storefront become necessary, such repairs shall be made in harmony
with the original design with the same materials or materials of appearance
similar to those used in the construction of the storefront in such
a manner as to permanently repair the damaged area or areas.
(5)Â
No shopping baskets, carts or wagons shall be left unattended or
standing in open areas and shall be collected at the close of business
each day and removed to the interior of the building or placed along
an exterior building wall.
(6)Â
Any area designated for trash, refuse, or garbage disposal shall
be totally screened, and plants shall be provided as part of the site
plan, including the location, type of screening, height of screening,
and access to site, and specifically provide for recycling areas,
as well to be screened and shown on the site plan. The purpose is
to screen recycling, trash, refuse and garbage disposal areas, so
that they shall not be visible outside of the screen. Dumpsters and
other trash containers shall be stored within approved enclosures
at all times and shall be rolled out to vehicles for collection. The
enclosure including gates shall be maintained in good condition. Gates
shall remain closed at all times except during collection. No trash
shall be visible above the height of the enclosure. All trash, refuse,
garbage and dumpster materials may be handled privately and shall
not be the responsibility of the Township of Harrison.
D.Â
Occupied and vacant buildings. Every occupied and vacant dwelling,
building (residential or commercial) or other similar structure shall
comply with the following requirements:
(1)Â
All exterior doors and windows shall be kept in sound working condition
free of broken glass.
(2)Â
All exterior doors shall be equipped with a workable lock or locking
device and shall be kept securely locked during the period of time
said building is vacant.
(3)Â
All windows shall be secured by latch, lock or other means so as
to prevent easy entry into such structure by children, vagrants, or
unauthorized persons.
(4)Â
All exterior walls and roofs shall be kept in good repair, painted
where required, and free of holes, cracks, defective materials and
structural deterioration so as to keep such building from becoming
a breeding place for rodents, roaches and disease-carrying insects.
(5)Â
The exterior of said building and the premises thereon shall be kept
free of any accumulation of flammable or combustible rubbish or waste
materials of sufficient quantity to constitute a danger to said buildings
or any other building or premises in the event that such waste materials
become ignited.
(6)Â
The exterior of the premises shall be kept free of any accumulation
of trash, garbage, rubbish or any waste material of such quantity
as to constitute an unsanitary condition.
(7)Â
Any existing fence shall be maintained in good order and repair.
E.Â
Burned structures. Whenever any building or structure suffers fire
damage, the owner or person in control shall, within six months after
completion of the scene investigation by the Fire Chief of the Ewan
or Harmony Fire Company and/or insurer of the property, remove from
the premises all refuse, debris, and all other charred and partially
burned lumber and material. If such building or structure shall be
burned to such an extent that it is rendered incapable of being repaired,
the owner or person in control shall, within six months after completion
of the scene investigation by the Fire Company and/or insurer of the
property, remove from the premises all the remaining portion of the
building or structure. If the building or structure is to be repaired,
work shall begin within six months and shall be completed within one
year after completion of the scene investigation by the Fire Company
and/or insurer of the property.